And it is widely believed to be a failure of the justice system. Companies are not expected to behave the same as individuals. They have different motivations and calculate risks differently. If it looks like a dog and barks like a dog, it isn’t a duck.
You can't say that the first amendment doesn't apply to companies when the law has found that it does. You can say that you believe it shouldn't, but legally today it does.
The issue is that the first amendment isn't absolute, there are in fact limits, those limits however have been effectively rescinded when it comes to corporations but are still in place for individuals. The disparity of power this affords in our democracy is destined to erode what is left of it.
